08 SB196/AP
Senate
Bill 196
By:
Senators Reed of the 35th, Harp of the 29th, Thompson of the 33rd, Tarver of the
22nd and Harbison of the 15th
AS
PASSED
AN
ACT
To
amend Part 4 of Article 7 of Chapter 3 of Title 20 of the Official Code of
Georgia Annotated, relating to military scholarships, so as to provide for
scholarships for the children of persons killed or disabled as a result of
combat wounds; to define certain terms; to provide for a scholarship equal to
the tuition charges; to provide that the grant of such scholarships shall be
contingent on funding; to amend Code Section 48-7-27 of the Official Code of
Georgia Annotated, relating to computation of taxable net income, so as to
provide for an exemption for a limited period of time with respect to certain
gifts, grants, funds, scholarships, or other compensation as a result of death
caused by a criminal act; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
4 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia
Annotated, relating to military scholarships, is amended by adding new Code
sections to read as follows:
"20-3-495.
As
used in this part, the term:
(1)
'Approved school' means a school which is a unit of the University System of
Georgia or a branch of the Georgia Department of Technical and Adult Education
or an accredited private institution of higher learning approved by the Southern
Association of Colleges and Schools, provided the tuition does not exceed that
of an approved school which is a unit of the University System of Georgia or the
Department of Technical and Adult Education.
(2)
'Eligible student' means a person who:
(A)
Is a child whose parent was a legal resident of Georgia at the time he or she
sustained qualified combat related injuries.
(B)
Meets residency requirements to be classified as a legal resident of Georgia as
established pursuant to regulations of the authority and who remains a citizen
of the state while receiving funds under this part; and
(C)
Is 25 years of age or younger and is enrolled as a full-time or part-time
student in an approved school.
(3)
'Parent' means the biological parent, adoptive parent, or legal guardian of an
eligible student.
(4)
'Qualifying combat related injury' means injuries sustained as a member of the
United States armed forces, the Georgia National Guard, or a reserve component
of the armed forces of the United States in a location outside of the United
States and its territories designated by the United States Department of Defense
as a combat zone after September 11, 2001, which results in death or a 50
percent or greater disability.
20-3-496.
There
is granted to each eligible student attending an approved school a scholarship
grant for a maximum of four award years in a sum equal to the total tuition
charged to such student.
20-3-497.
Grant
assistance to eligible students under this part shall be payable on a pro rata
basis based upon whether the student is enrolled full time or part time and the
number of semesters or quarters of enrollment. The payment of grants to
eligible students under this part shall be contingent upon the appropriation of
funds by the General Assembly for the purposes of this part in annual
appropriations Acts of the General Assembly."
SECTION
2.
Code
Section 48-7-27 of the Official Code of Georgia Annotated, relating to
computation of taxable net income, is amended in subsection (a) by replacing ";
and" at the end of paragraph (14) with a semicolon, by replacing the period at
the end of paragraph (15) with "; and", and by adding a new paragraph to read as
follows:
"(16)
The amount of funds paid to a taxpayer directly from any Southern Association of
Colleges and Schools approved university or kindergarten through grade 12 school
memorial fund established by a university which are in the form of a gift,
grant, fund, scholarship, or other compensation and are provided to compensate
the taxpayer for the death of a spouse, parent, or child of the taxpayer who is
enrolled as a student or employed at such university when such death was caused
by a criminal act."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.